What is a wellknowntrademark?
- Admin
- May 19, 2023
- 1 min read
The concept of well-known trademarks was initially introduced in the Paris Convention, but it was not clearly defined. The TRIPS Agreement expanded the definition of well-known trademarks to include service marks but still did not provide a clear definition. Generally speaking, a well-known trademark is one that is highly respected in the market and is familiar to the relevant sector of the public.
Under trademark law, a well-known trademark has stronger protection than an ordinary trademark. Most countries require trademarks to be registered to receive protection, but unregistered trademarks can still be protected if they have gained significant influence through use. However, protection for a well-known trademark does not depend on registration.
Furthermore, the scope of protection for a well-known trademark is broader than that of an ordinary trademark. For example, if A's trademark "Red Bull" is registered for a non-alcoholic beverage product and B uses the same trademark for pesticides, it would not infringe A's trademark rights because the two products are essentially different. However, if "Red Bull" is a well-known trademark, B's use on pesticides could damage the reputation of A's beverage, which would constitute an infringement of A's trademark rights.
It's important to note that whether a trademark is well known is determined by the relevant sector of the public, not all consumers. Certain products have their own specific consumer groups, and therefore, it's important to select specific consumer groups to determine the popularity of a trademark. For example, some brands for specialized sport equipment may only be known to those involved in that sport, but this does not mean that the trademarks are not well known.
A well-known trademark carries weight—it represents trust, consistency, and recognition. I’ve always admired brands that earn their status through substance. The same goes for 1xbet app where betting and casino platforms are vetted for reliability and user satisfaction. A solid name in any space creates loyalty.